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The Department of Environment (ENV) legislative framework is composed of 7 statutes and 19 regulations. The following is a brief summary of each of these pieces of legislation.

The Clean Water Act, the Clean Environment Act, and the Clean Air Act are three key statutes administered by ENV. These Acts provide broad powers to the Minister of Environment in that they require anyone discharging a contaminant to obtain approval from the Minister. A contaminant is very broadly defined and essentially includes anything which is in excess of the natural constituents of the environment. Order-making powers are also given to the Minister through these Acts which provide a means of controlling or stopping the discharge of contaminants, or of requiring the clean-up of contaminated sites. Regulations under these Acts provide administrative procedures for various systems of approvals, permits, registrations, and other authorisations which ENV issues, as well as providing for the establishment of solid waste commissions, water and sewer commissions, and the New Brunswick Tire Stewardship Board.

The Clean Air Act, which is the most recently enacted statute, expands on the basic elements of the Clean Environment Act and Clean Water Act in several key areas: it creates significantly expanded opportunities for public participation in the review of approvals for major sources of air emissions and in the development of air quality objectives; it provides for the establishment of a system which will allow Department officials to assess monetary penalties for minor offences; it includes a number of principles which must be considered in decision-making; it requires reporting to the Legislature on the Province's success in achieving air quality objectives; and it provides for citizens to require the Minister to investigate suspected offences.

The Environmental Impact Assessment Regulation under the Clean Environment Act requires that certain undertakings (listed in a schedule to the Regulation) be registered with the Minister of Environment. Its application at the conceptual stage of a project supports the integration of environmental objectives with economic objectives at the early design stages of a project, before final decisions are made. The Minister may determine that an environmental impact assessment (EIA) is necessary to assess the nature and significance of the potential impacts through further study. An EIA provides a means of conducting a multi-disciplinary review of major undertakings, and includes a significant public review component. The outcome of the EIA process is a report and recommendation to the Lieutenant-Governor in Council, who is responsible for making a decision on whether to allow an undertaking to proceed.

The Water Quality Regulation under the Clean Environment Act and the Air Quality Regulation under the Clean Air Act are umbrellas for approval of industrial operations. These regulations direct a process whereby applications for approvals are submitted to the Minister and an environmental review is conducted by staff of ENV. Approvals are accompanied by conditions which control construction and operating activities including the quality and quantity of contaminants which may be discharged from a facility.

The Fees for Industrial Approvals Regulation under the Clean Water Act establishes annual fees which must be paid by the approval holders under the Water Quality Regulation. The fees required for air quality approvals are established in the Air Quality Regulation. Fees range from $100 to $42 000 per annum for each approval.

The Petroleum Product Storage and Handling Regulation under the Clean Environment Act establishes standards for the design and construction of petroleum storage tanks, and requires registration and licensing of storage systems with a total capacity of two thousand litres or more. Licensing fees are between $10 and $500 per year depending on the type of licence. The Regulation also details requirements for licensing petroleum system installers.

The New Brunswick Tire Stewardship Regulation under the Clean Environment Act provides a framework for the recycling of used tires and allows for the establishment of the New Brunswick Tire Stewardship Board. The Board essentially runs the New Brunswick tire stewardship program according to a management plan approved by the Minister of Environment. The Board is responsible for the collection of advance disposal levies from all tire suppliers and contracts for the reprocessing of used tires.

The Regional Solid Waste Commissions Regulation under the Clean Environment Act establishes voting procedures and conflict of interest parameters for solid waste commissions, and addresses financial management, auditing, and financial reporting requirements of these commissions. This Regulation also outlines conditions under which commissions may accept solid waste and provide services related to solid waste management. The regulation complements the framework for solid waste commissions provided for in the Clean Environment Act.

The Potable Water Regulation under the Clean Water Act is aimed at ensuring that water intended for human consumption meets potability requirements established jointly by ENV and the Department of Health and Community Services. This Regulation outlines procedures that must be followed by well drillers in order to ensure that water from newly constructed wells is tested for potability. Additionally, it establishes the requirement that anyone operating a public water supply regularly test that water according to a plan submitted to, and approved by, the Minister of Health and Community Services.

The Water Well Regulation under the Clean Water Act establishes standards for the construction of water wells, outlines permit requirements, fees and well drillers certification requirements, and provides criteria for the protection of an aquifer. This Regulation also requires that tests be carried out to determine the rate of yield of a well and that the results of such tests be reported to the Minister.

A Protected Areas Designation Order under the Clean Water Act (also referred to as the Watercourse Setback Designation Order) is designed to provide protection of surface water used for public drinking water supplies. This Minister's Order made under the Clean Water Act has the power of a Regulation. It establishes 75 metre "protected areas" or setbacks, from streams, lakes, ponds, etc. from which water is drawn. Included are tributaries to those water supplies. Within these protected areas, certain activities and land uses are strictly controlled to prevent the discharge of contaminants from point sources (pipes) and non-point sources (surface runoff from land). The Order outlines the types of activities which are allowed within the 75 metre setback.

The Protected Area Exemption Regulation under the Clean Water Act establishes an administrative procedure for issuing exemptions from the Protected Areas Designation Order.

The main objective of the Watercourse Alteration Regulation under the Clean Water Act is to protect the banks and bed of a watercourse from activities which will unduly affect the function of the watercourse. Watercourse is broadly defined to include virtually anything that contains water, such as lakes, streams, rivers and ponds. Limitations exist on the applicability of the regulation where large rivers meet the ocean (e.g., the regulation does not apply below the Reversing Falls on the Saint John River, or below the Morrisey Bridge on the Miramichi River). Persons wishing to remove gravel from the bed or bank of a watercourse, or install a bridge, culvert, etc., must obtain a permit from the Minister. Also, the disturbance of soil or the cutting of trees within 30 metres of a watercourse requires a permit to do so. Minor alterations which do not require the input of the Department of Fisheries and Oceans or the Department of Natural Resources and Energy may be allowed through provisional permits. The Minister must provide a response to the applicant of a provisional permit within two weeks of the application. A watercourse alteration permit, if granted, frequently states what may be done, how it is to be done, and whether or not activities are limited to certain times of the year due to flow conditions or fish migration issues.

The Ozone Depleting Substances Regulation under the Clean Air Act establishes restrictions on substances which damage the stratospheric ozone layer, such as CFCs, HCFCs, halons and selected solvents. The Regulation's main goal is to prevent the release of ozone depleting substances (ODS) into the atmosphere and to prohibit some non-essential uses of these compounds. Requirements are established for preventing the release of ODS, such as mandatory recovery and recycling of ODS and standards for the leak testing, operation and disposal of equipment containing such chemicals. A vital component of the Regulation is a mandatory ODS certification course for technicians who perform work on equipment containing ODS. This Regulation supports a national and international effort to eliminate the release of all ODS in order to allow for a recovery of the ozone layer. The Province controls the use of ODS, while the federal government controls the import, export, and manufacture of these substances in Canada.

The Administrative Penalties Regulation under the Clean Air Act establishes a system whereby administrative penalties may be imposed for certain minor offences which are listed in the Regulation. The determination of the amount of the penalty, which may vary from $200 to $5000, depends on several factors such as the degree of negligence, the steps taken to prevent a recurrence and the history of non-compliance with environmental legislation of the alleged offender. A person may only pay an administrative penalty three times for a similar offence, after which other enforcement action will be taken.

An Appeal Regulation exists under the Clean Environment Act, the Clean Water Act and the Clean Air Act. It allows anyone who is the subject of a decision by the Minister, e.g., with respect to an order or an approval, to appeal the decision. An appeal must be filed with the Minister within 15 days of being notified of the decision. The appellant has 30 days after being notified of the decision in which to deliver a written submission to the Minister detailing its position and may attach any supporting documentation to this submission. The Minister must respond within 30 days of the appeal. The filing of an appeal does not operate as a stay of the decision being appealed.

The Environmental Trust Fund Act establishes a fund to be used to pay for the costs of environmental protection on restoration, promoting sustainable development, conserving natural resources, environmental education, or the maintenance and enhancement of the visual environment. Its sources are the net profits of video gaming, a portion of environmental fees collected under the Beverage Containers Act and direct contributions. The Environmental Trust Fund Act specifies the broad parameters for uses of the fund. The Act requires the Minister of Environment to appoint a board to advise the Minister of Environment on how the assets of the fund should be used.

The intent of the Pesticides Control Act and the General Regulation under this Act is to ensure that pesticides are used and disposed of in an appropriate manner. Only pesticides that are registered under the federal Pest Control Products Act may be considered for use in New Brunswick. Businesses involved in the sale of non-domestic pesticides are required to hold a Pesticide Vendor's License. Businesses that are involved in providing pesticide application services for fee or reward (i.e. lawn care companies) are required to hold a Pesticide Operator's License. A permit must also be obtained from the Minister of Environment authorising the specific type of application in which the company provides a service, and all employees who apply pesticides must hold the appropriate level and class of commercial certification. Individuals who apply non-domestic pesticides by ground on their own land, leased land or employer's land, are required to hold a Private Pesticide Applicator's Certificate. Finally, a Pesticide Use Permit is required before anyone can apply a pesticide from an aircraft or to water.

The Unsightly Premises Act prohibits persons from allowing their premises to become unsightly by permitting junk, rubbish, etc. to accumulate on their property, or from allowing a building to become a hazard to the safety of the public. The Act provides for notices to owners, and outlines enforcement procedures. It also contains siting standards for salvage yards.

The Beverage Containers Act establishes the framework for the Province's modified deposit/refund system for soft drink, juice and alcoholic containers. The Act and the General Regulation under this Act outline requirements for the containers themselves (labelling, size and type), registration procedures for Redemption Centres and rules for their operation, as well as responsibilities of distributors. The legislation also establishes handling fees and addresses the remittance of certain proceeds to the Environmental Trust Fund.

Note: Copies of the Department of Environment's Acts and Regulations can be purchased by contacting The Queens Printer for New Brunswick, P.O. Box 6000, Room 115 Centennial Building, Fredericton, N.B., Tel: (506) 453-2520, Fax: (506) 457-7899.

Copies of all New Brunswick's Acts can also be accessed electronically through the Department of Justice homepage at http://www.gnb.ca/0062/index.htm.